Use the following links to see how drinking affects your BAC:
Are You Drunk?
WDIV's (BAC) Blood Alcohol Calculator
The Drink Wheel another On-Line BAC Calculator
The terms Breathalyzer™ and Breathalyser™ have become synonymous with breath alcohol testing equipment. In fact the term Breathalyzer originated from an instrument invented by R.F. Borkenstein that utilized Chemical Oxidation and Photometry to determine alcohol concentration. The instrument was originally introduced in 1954 and was widely utilized for more than 20 years
Drunk driving in Michigan is operating a motor vehicle in a location that is generally accessible to motor vehicles, with a Blood Alcohol Concentration that is greater than the legal minimum. The prosecutor must prove beyond a reasonable doubt that the alcohol consumed impaired the defendant's ability to drive, or that the defendant was driving while at, or above, the limit of .08.
Alcohol
A 1 ounce shot of 80-proof liquor, containing about 0.4 fluid ounces of ethanol, produces somewhere in the neighborhood of an 0.02% blood alcohol concentrationin a 150-pound human. Alcohol is mostly removed from the blood, by metabolism in the liver, while a small amount is excreted through the breath, sweat and urine. The liver can only remove a certain amount of alcohol per hour, regardless of the amount that has been consumed. The rate of alcohol metabolism varies among individuals, but generally, after the consumption of one drink, the concentration of alcohol in the blood peaks in 30 to 45 minutes.
More Alcohol Information
Blood Alcohol Concentration (BAC)
The definition of Blood Alcohol Concentration (also known as Blood Alcohol Content, Blood Alcohol Count, or BAC) is the concentration of alcohol in one’s bloodstream, expressed as a percentage. The BAC, is used to determine whether a person is legally intoxicated.
Roughly, three drinks can put you on, or over a BAC of .08, the legal adult limit. With a "drink" meaning a 12 oz beer, a four oz glass of wine, or a 1 oz shot of 80 proof liquor. This is based on a 150 lb male. The BAC level will be higher for those under 150 lbs, females, and those who have consumed alcohol on an empty stomach, and can vary greatly between individuals.
The consumption of alcohol can cause impairment, which rises gradually at a lower level but dramatically at a higher level of BAC. About half of auto fatalities involve drivers with BAC of .16 or higher.
Current Michigan BAC Limits:
- 0.08 * - Impaired - Adult Drivers
- 0.04 * - Commercial Drivers
- 0.02 * - Under-21 Drivers
* grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
Implied Consent Law
Michigan has an "Implied Consent" law. That means if you drive in Michigan and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year. And you still may be prosecuted with a drunk driving charge.
If you are stopped for drunk driving you should be given a warning of the Implied Consent law, and the consequences if you refuse.
Field Sobriety Tests (FST)
Field Sobriety Tests are simple exercises that test a persons balance, coordination, and coherency. They do not require any special equipment, but are subjective in nature, and therefore not precise enough for a strong prosecution. There are many different field sobriety tests, including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze, alphabet recitation, fingers-to-thumb, hand pat, and more. Most officers will use a combination of three or more of the tests.
Before agreeing to take any FSTs, you should inform the officer of any medical conditions you have that may affect your performance and alter the outcome.
You are not legally required to take any Field Sobriety Tests. The officer may have made up his mind to arrest you even before administering the FSTs, and the tests are then just more evidence for use against you. A polite refusal may be legal, but you should keep in mind that refusal to cooperate may result in an automatic arrest.
Preliminary Breath Test (PST)
The Preliminary Breath Test is administered in the field and consists of a test to results including Breathalyzer and/or blood test usually from a hand held machine
Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis.
Refusal to take a Preliminary Breath Test is a civil infraction punishable by a fine.
Evidentiary Breath Test
The Evidentiary Breath Test is administered at a police station under stricter control, and with more accuracy, then at the scene of a traffic stop.
The BAC DataMaster blood alcohol test instrument was chosen in Michigan based upon a careful evaluation of all instruments available. It is manufactured by National Patent Analytical Systems, Inc., of Mansfield, Ohio, and the operating principle of the instrument is based on infrared absorption.
There are three types of test for alcohol concentration in humans: breath, blood, and urine. Urine tests are not generally used in Michigan. Many jurisdictions permit you to have a second, blood test; this is because a breath sample is not saved and therefore cannot be later re-analyzed by the defense. Thus, if you are confident that you are sober, a blood sample is a wise choice.
Refusal to take a PBT test is a crime punishable by one years license suspension and 6 points
Post DUI Conviction Alcohol Monitoring:
Ignition Interlocks
An ignition interlock system, referred to as Breath Alcohol Ignition Interlock Device (BAIID). is a sophisticated system that tests a driver's breath and disables the ignition of the vehicle if it detects alcohol. It requires the driver to blow into a small handheld alcohol sensor unit that is attached to a vehicle's dashboard. The car cannot be started if the drivers BAC exceeds .025. The device may also ask for random retests while driving. Results of these tests are recorded by the systems vendor and must be presented to the Drivers Assessment and Appeal Division (DAAD) to regain an unrestricted license.
A repeat offender may be allowed to drive under restrictions after a period of license suspension. The first year of the restrictions must be with an ignition interlock device installed in their vehicle. These systems are paid for by the offender, and cost a little under $1000 a year to install and operate.
More Info on Ignition Interlocks
SCRAM Monitoring
The Secure Continuous Remote Alcohol Monitor (SCRAM) is an ankle bracelet/modem combination that tests a subject’s sweat, at least once every hour, in order to determine Blood Alcohol Concentration (BAC).
Those eligible for SCRAM include medium and high-risk offenders where alcohol is a significant factor in their offense, or where there is a history of alcohol abuse. As with most Electronic Monitoring programs in Michigan, offenders pay the equipment rental and daily monitoring fees for SCRAM, which average about $12 per day.
More Info about SCRAM